HomeMy WebLinkAboutA1 (36) ITEM # 38a&b
DATE: 03-22-16
COUNCIL ACTION FORM
SUBJECT: PLAT OF SURVEY FOR 3105 GRAND AVENUE (WAL-MART SITE)
BACKGROUND:
The City's subdivision regulations are found in Chapter 23 of the Ames Municipal Code.
These regulations include the process for creating or modifying property boundaries and
for determining if any improvements are required in conjunction with the platting of
property. The subdivision regulations also describe the process for combining existing
platted lots into a single parcel, referred to as a boundary line adjustment, to enable the
issuance of a building permit for a new development.
No public improvements are required in association with a boundary line adjustment
unless the adjustment increases the street frontage of the original lot or parcel that
currently has frontage improvements, in which case existing frontage improvements, which
may include curbs, gutters, sidewalks, paths, street trees and/or street lights, shall be
extended across the entire frontage of the adjusted lots or parcels prior to preparation of
the official plat of survey, or prior to minor plat approval.
This specific proposed plat of survey (see Attachment B, Proposed Plat of Survey) is for a
Boundary Line Adjustment for consolidation of two platted lots, including Lot 1 (5.63
acres), Northwood Plaza First Addition, located at 3121 Grand Avenue (the location of the
former Dahl's grocery store), and Lot 2 (8.92 acres), Northwood Plaza First Addition,
located at 3015 Grand Avenue (the current location of the Wal-Mart store) into a single
"Parcel A", which will have 3105 Grand Avenue as the new street address (see Attachment
A, Location Map).
The current owner of Lot 1 is the Wal-Mart Real Estate Business Trust. The current owner
of Lot 2 is Benedict A. Silverman. Approval of the Plat of Survey will combine the two lots
into a single parcel of land (Parcel A), owned by Benedict A. Silverman. The new "Parcel
A" will be bounded by Wheeler Avenue on the north, Grand Avenue on the east, 30tn
Street on the north, and Roy Key Avenue on the west, and will include approximately
14.55 acres (see Attachment B, Proposed Plat of Survey).
Public infrastructure exists partially along frontages of the two parcels. A shared use path
borders the entire east property line along Grand Avenue. A public sidewalk runs the full
length of the frontage along 30t" Street. The Roy Key frontage on the western side of the
property has no sidewalk in place. Sidewalk has not completely been extended along the
entire north boundary of the site, which is the right-of-way for Wheeler Street. In
accordance with Ames Municipal Code Section 23.309(3), as a partially completed
frontage improvement along Wheeler Street, the gap in sidewalk must be installed
prior to combing the two parcels. However, because no partial sidewalk
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improvements exist along Roy Key Avenue, none are required with this plat of
survey.
Wal-Mart acknowledges the need to complete the Wheeler Street improvements, but
due to the timing and plan for redevelopment of the site, Wal-Mart believes it is
premature to complete them in advance of recording the plat of survey. Therefore,
Wal-Mart requests that this requirement be deferred until development of the site
with posting of financial security (see Attachment C, Applicant Letter Requesting
Deferral of Sidewalk Construction), in accordance with Ames Municipal Code Section
23.403(14)(c), which reads as follows:
A deferment for the installation of sidewalks may be granted by the City Council
when topographic conditions exist that make a sidewalk installation difficult or when
the installation of the sidewalk is premature. Where the installation of a sidewalk is
deferred by the City Council, an agreement will be executed between the property
owner/developer and the City of Ames that will ensure the future installation of the
sidewalk. The deferment agreement will be accompanied by a cash escrow, letter of
credit, or other form of acceptable financial security to cover the cost of the
installation of the sidewalk.
An Improvement Agreement is proposed to fulfill this requirement, and is based upon the
"Engineer's Opinion of Probable Cost" (see Attachments D & Q. A Letter of Credit, in the
amount of the estimated cost of constructing the sidewalk improvements ($8,430), is on file
with the City Clerk's Office.
Although the Roy Key frontage is not required to have a sidewalk with the Plat of Survey
approval, a sidewalk will be constructed at the time the site is redeveloped. (See
Attachment E.) The City Council's recent adoption of the "missing infrastructure" ordinance
triggers construction of the sidewalk as a requirement of receiving a building permit for
redevelopment of the site.
Approval of this plat of survey will allow the applicant to prepare the official plat of survey,
and the Planning and Housing Director to review and sign the plat of survey confirming
that it fully conforms to all requirements of the Municipal Code and conditions of approval.
In this instance, the Wal-Mart property will be transferred to Silverman so there will
be one owner of two properties to allow for the plat of survey to be recorded as a
combination of parcels into one lot with one owner. The prepared plat of survey may
then be signed by the surveyor, making it the official plat of survey, which may then be
recorded in the office of the County Recorder.
ALTERNATIVES:
1. The City Council can adopt a resolution:
(A)Accepting the Agreement to defer construction of the sidewalk improvements along
Wheeler Street, contingent upon the City's receipt of financial security in the amount
of $8,430; and,
(B)Approving the proposed plat of survey to combine two existing parcels.
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2. The City Council can adopt the resolution approving the proposed plat of survey and
require construction of the sidewalk improvements, prior to recording of the Plat of
Survey.
3. The City Council can deny the proposed Plat of Survey if the City Council finds that the
requirements for plats of survey, as described in Section 23.308 have not been
satisfied.
4. The City Council can refer this back to staff and/or the owner for additional information.
The agreement with Wal-Mart has not yet been signed, but will be provided prior to the
City Council meeting.
MANAGER'S RECOMMENDED ACTION:
Staff has determined that the proposed plat of survey satisfies all code requirements and
has made a preliminary decision of approval. Deferral of the installation of sidewalk
improvements, but requiring installation before a new building is occupied, is not unusual
for commercial development.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative #1, thereby accepting the attached Agreement for Public Improvements
contingent upon receipt of financial security in the amount of $8,430 and adopting the
resolution approving the proposed plat of survey.
ADDENDUM
PLAT OF SURVEY FOR 3105 Grand Avenue
Application for a proposed plat of survey has been submitted for:
❑ Conveyance parcel (per Section 23.307)
❑ Boundary line adjustment (per Section 23.309)
❑ Re-plat to correct error (per Section 23.310)
❑ Auditor's plat (per Code of Iowa Section 354.15)
The site is located at:
Existing Street Addresses: 3015 & 3121 Grand Avenue
New Street Address: 3105 Grand Avenue
Owners:
• Lot 1: Wal-Mart Real Estate Business Trust
• Lot 2: Benedict A. Silverman
Assessor's Parcel #s: 0527476009 and 0527476009
Parcel A Legal Description: Lots 1 and 2 in Northwood Plaza First Addition, Being a
Subdivision of Part of the Northeast Quarter of the Southeast Quarter of Section 27,
Township 84 North, Range 24 West of the Fifth Principal Meridian, According to the
Plat Thereof Filed April 11, 1990, as Instrument Number 06516, in the City of Ames,
Story County, Iowa.
Public Improvements:
The preliminary decision of the Planning Director finds that approval requires all public
improvements associated with and required for the proposed plat of survey be:
❑ Installed prior to creation and recordation of the official plat of survey and
prior to issuance of zoning or building permits.
® Delayed, subject to an improvement guarantee as described in Section
23.403(14). (Sidewalk)
❑ Not Applicable.
Note: The official plat of survey is not recognized as a binding plat of survey for
permitting purposes until a copy of the signed and recorded plat of survey is filed
with the Ames City Clerk's office and a digital image in Adobe PDF format has been
submitted to the Planning & Housing Department.
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ATTACHMENT A
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ATTACHMENT B
PROPOSED PLAT OF SURVEY
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GENERAL NOTES _
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pROPO$ED WAL•MART SUPERCENTER#749
CITY OF AMES�IOWA
PLAT OF EASEMENT
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ATTACHMENT
APPLICANT LETTER REQUESTING DEFERRAL OF SIDEWALK CONSTRUCTION
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Teresa m�mmm.Director m Project Design and Management ~°w°"*m"r,"="
February 2G. 2O1G
Mayor Ann Campbell, City Council
City ofAmes
515 Clark Avenue
Ames, k\5001O
RE: WHEELER STREET SIDEWALK CONSTRUCTION DEFERRAL
PROPOSED VYAL'MAnTSUPERCENTER NO. r*9-V5
AME8.|OVVA
Ladies and Gendamoni
The Wal-Mart Project located at the southwest uornar,of Grand Avenue and Wheeler Street in Ames,
Iowa includes a proposed sidewalk in the Wheeler Street right-of-way. Per Section 23.304 of the City
ofAmey Municipal Code. the Wheeler Street sidewalk is to be constructed prior to a Plat of Survey
appmvo|, as it lies outside of the Wal-Mart property line and is thomhum public property. This letter
intends to request a waiver of the installation requirement of this sidewalk on the aforementioned
project site, prior m the Plat nr Survey approval, and maccompanied by the City of Ames"Agreement
for Public Improvements."
We kindly request deferral authorization due to the construction activities planned for the ovom||Wal-
Mart development The project involves demolition of existing retail omma for new construction of a
Wal-Mart Supercenter and associated parking areas. It is infeasible to require construction of the
VVhea|ar Street sidewalk prior to the Wal-Mart construction, as the planned oono<mohon activities may
cause damage to this sidewalk. The sidewalk is planned to be completed at more appropriate time
in the construction sequence
Scope: Approximately 150 OY of Portland cement uonuneha sidewalk (labor and mokaria|o) and
approximately 6OSFof truncated domes(for ADAcomp|iaono).
Cost: 88.4X00
The above scope of work has been approved by Ray Anderson and Eric Cowles at the City.
Improvements shown in the attached exhibit shall be completed prior tothe issuance of the City of
Ames Certificate ofOccupancy. A Letter of Credit has been prepared in conjunction with the City of
Ames"Agreement for Public|mpmvements.^per required.
VVo appreciate your review and approval at the March 22.2016 City Council meeting, �
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8|noano|y.
WAL-MART
Teresa Hibbard
Design Director
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ATTACHMENT
ENGINEER'S COST ESTIMATE
ENGINEER'S OPINION DF PROBABLE COST
t,��� PROPOSED VVAL-MART NO.749,05
VVHEELERGTREETG|DEVVALK'LETTER OFCREDIT
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C o w s o C r / w o 2/26/2016
ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE EXTENSION
SCHEDULE|-WHEELER STREET IMPROVEMENTS
1 PCC Sidewalk(Labor and Materials) 150 SY $45.00 88.750.00
2 Truncated Domes(ADA Accessible Warnings) 60 SF $28.00 *1.680.00
TOTAL SCHEDULE|'WHEELER STREET IMPROVEMENTS $8.430.00
TOTAL $8.430.80
Prepared By: Manha/d Consulting, Ltd.
QOO Woodlands Parkway
Vernon Hills, Illinois 00001
ASSUMPTIONS:
1.All Wheeler Street sidewalk improvements will be completed prior to the City of Ames issuance of Certificate of Occupancy.
NOTE:ThisEnginae/o0phni000fProbob|eCont\ommdeonthnbnuioofEn8ineoYanxperionoeandqua|iUoa(ionouaingp|an
quantities and represents Engineer's best judgment as an experienced and qualified professional engineer generally familiar
with the construction industry. However, since the Engineer has no control over the cost of labor, materials, equipment or
services furnished by others, or over the Contractor's methods of determining prices, or over competitive bidding or market
conditions,or over quantities of work actually performed, Engineer cannot and does not guarantee that proposals, bids or
actual Construction Cost will not vary from Opinions of Probable Cost prepared by Engineer. This Opinion of Probable
Construction Cost is limited to those iterns stated herein and does not include permit fees, recapture costs, consultant fees,
landscaping,dewuh»ring. maintenance, bonds or the like.
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ATTACHMENT E
SIDEWALK TO BE CONSTRUCTED ALONG WHEELER STREET
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ITEM # 38c
DATE: 03/22/16
COUNCIL ACTION FORM
REQUEST: JOINT USE TEMPORARY PARKING PLAN FOR WAL-MART ON
NORTH GRAND MALL PROPERTY
BACKGROUND INFORMATION:
Request. Wal-Mart plans to construct a new Supercenter at 3105 Grand Avenue. This
will replace the current Wal-Mart store at 3015 Grand Avenue and the former Dahl's
grocery store at 3121 Grand Avenue. The two lots will be combined through a Plat of
Survey to create a single parcel of land for the new Supercenter. (See Attachment A,
Location Map, and Attachment B, Applicant's Narrative.)
The current Wal-Mart store would remain in operation through the majority of time
during the construction of the new Supercenter. Wal-Mart Stores, Inc. is requesting
approval of a Joint Use Parking Plan with North Grand Mall during construction of the
new Wal-Mart Supercenter. Once the new development is complete the Joint Use would
cease. The proposed spaces are primarily located northeast of the J.C. Penney store.
(See Attachment C.)
The Joint Use Parking Plan and associated "Parking Lease Agreement" are necessary
for Wal-Mart to maintain the minimum required parking ratio throughout the entire time
of demolition of the two existing buildings and construction of the new Supercenter. The
minimum required parking ratio is one parking space for every 300 square feet of gross
floor area (3.33 spaces/1,000 sq. ft.). During certain periods of construction, on-site
parking may not be adequate to meet these ratios. As the demolition and construction
progresses, Wal-Mart estimates that per City standards there would be a need for
between 81 and 206 parking spaces off-site in addition to their available on-site spaces.
When acting upon an application for approval of a Joint Use Parking Plan, the City
Council may approve the Plan if it finds that the criteria described in Section
29.406(17)(b) of the Zoning Ordinance are met by the application. Those criteria, along
with the applicant's and staff's responses, are included in the attached "Staff Analysis"
section.
The signed Agreement has not yet been received, but will be provided prior to the City
Council meeting.
ALTERNATIVES:
1. The City Council can grant the request for approval of a Joint Use Parking Plan for
the Shops at North Grand, located at 2801 Grand Avenue.
2. The City Council can deny the request for approval of a Joint Use Parking Plan for
the Shops at North Grand, located at 2801 Grand Avenue.
3. The City Council can grant the request for approval of a Joint Use Parking Plan for
the Shops at North Grand, located at 2801 Grand Avenue, with modifications.
4. The City Council can refer this request back to staff and/or the applicant for
additional information.
CITY MANAGER'S RECOMMENDATION:
The City has established minimum parking requirements to assure that a business
operates in a manner that is safe, attractive, and convenient without burdening the
surrounding properties and streets with potential overflow traffic. Although replacement
parking is not typically required during a business renovation, the request to open the
new Supercenter without its completed on-site parking led to this request for Joint Use
Parking. Staff believes the location of parking on the Mall site is conveniently accessible
for Wal-Mart employees and users and that it meets the criteria for approval of a
temporary Joint Use Parking Plan.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative #1 as described above.
This alternative will allow Wal-Mart to begin demolition of the existing vacant building on
the site and construction of the new Wal-Mart Supercenter. In the event the Joint Use
Parking Permit is denied, the new Supercenter would be delayed from opening until the
parking lot improvements are complete.
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STAFF ANALYSIS
Approval of a Joint Use Parking Plan. When acting upon an application for approval
of a Joint Use Parking Plan, the City Council may approve the Plan if it finds that the
criteria described in Section 29.406(17)(b) of the Zoning Ordinance are met by the
application. These criteria, along with the applicant's and staff's responses, are provided
below.
1. The analysis presents a realistic projection of parking demands likely to be
generated.
Applicant's Response: During the construction phasing, the parking ratio will fall
below the required parking ratio of 3.33/1,000 sq. ft. of gross floor area. The
existing Wal-Mart building (101,209 gross square feet) will have ratio of
approximately 1.66/1,000 sq. ft. (256 spaces) for approximately one month, due to
construction of an underground storm water detention vault beneath the parking
lot. The minimum number of required parking spaces required for the existing
building, by the current parking standards, is 337 spaces. This would leave the
site 81 parking spaces short for the one month period expected during the
summer of 2016.
The proposed Wal-Mart Supercenter (155,105 gross square feet) will have a
parking ratio of 2.07/1,000 square feet (321 spaces) for approximately three
months at the time of its planned initial opening, due to demolition of the existing
Wal-Mart store to construct parking. The minimum number of required parking
spaces for the Supercenter building is 527 spaces. This would leave the site 206
parking spaces short for the three month period while the site is completed in late
spring of 2017.
The applicant states that a minimum of 185 on-site parking spaces will be
available while the existing Wal-Mart is open during construction. A minimum of
303 on-site parking spaces will be available once the new Wal-Mart Supercenter
opens, but site construction will not yet be completed. The 300 joint use parking
spaces allow Wal-Mart to achieve greater than the 1 space/300 sq. ft. ratio,
throughout the entire construction process, as required by code.
Staffs Analysis. The proposed Wal-Mart Supercenter will include a total of
155,105 gross square feet of floor area. The retail portion of the building will
comprise 153,921 square feet, and the remainder of the floor area (1,184 square
feet) will be occupied by a fast food business. Given the minimum required
parking ratio of 3.33 parking spaces for every 1,000 square feet of gross floor area
for the retail portion, and a parking ratio of 12 spaces for every 1,000 square feet,
a total of 527 parking spaces (513 for retail and 14 for fast food) as a minimum for
the new building.
Staff believes the applicant's estimated number of parking spaces available during
various phases of the construction period represents a realistic projection of
parking demands likely to be generated.
2. Peak demand is sufficiently distinct so that the City Council is able to clearly
identify a number of spaces for which there will rarely be overlap of parking
demand.
Applicant's Response: Lori Bosley, General Manager of the Shops at North
Grand, states that: "Peak hours occur on Saturday afternoons. Peak parking is
about 50 cars maximum in the areas in the Joint Parking Exhibit, which is
generally made up of employees at the Shops. There are special occasions that
use the parking area, including the Farmer's Market, Holub's and the snow cone
vendor, but these events bring an additional 10-15 cars at most."
Tob Carr, Wal-Mart Operations Manager, states that: "The existing Wal-Mart
parking lot is not being fully utilized. On an average Saturday, 80 cars would be
expected, as was counted during the peak hours of Saturday, January 30, 2016."
Staffs Analysis: The 300 parking spaces identified on the North Grand Mall
property, as shown in Attachment C, Joint Use Parking Exhibit, are seldom used
by shoppers at North Grand, with the exception of the parking spaces located
directly north of the J.C. Penney building, which are used by the patrons of
vendors set up in the parking lot on Wednesday afternoons and Saturday
mornings during the late spring, summer, and early fall weeks. A small number of
parking spaces may be occupied at any given time by patrons of the Holub's
Greenhouse operation and the snow cone vendor in the northeast corner of the
North Grand parking lot during the growing season.
There are 320 excess parking spaces, beyond the minimum number required by
the zoning code, in the northern portion of the North Grand Mall parking lot, which
covers the parking area between 30th Street and the TJ Maxx store.
Staff believes that peak demand is sufficiently distinct for the 300 identified
parking spaces included in the Parking Lease Agreement, so that there will rarely
be overlap of parking demand.
3. Rights to the use of spaces are clearly identified so as to facilitate
enforcement.
Applicant's Response: The Applicant has included Joint Use Parking Exhibits
with the Parking Lease Agreement that clearly identify the 300 parking spaces that
are available for use by employees and customers of the existing Wal-Mart
building, and of the Wal-Mart Supercenter building, once constructed.
Staffs Analysis. The Parking Lease Agreement states that: "The leased parking
spaces shall be provided on an unreserved `first-come, first-served' basis,
provided that certain of the leased parking spaces may be marked for the
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exclusive use of handicapped or disabled users if required under applicable
accessibility laws."
In this particular case, the Parking Lease Agreement will be in force for
approximately eighteen months before the construction is complete, and all
parking spaces for the Wal-Mart Supercenter will be located on the Wal-Mart site
to meet the required parking ratio. Given the location of the leased parking spaces
and the infrequency of their use by patrons and employees of businesses and
vendors on the North Grand site, staff believes the need for enforcement will not
be necessary.
5
Attachment A
Location Map
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Attachment B
Applicant's Narrative
,,. U H ;� U L T 1
February 26,2016 VL%rat r
Department of Planning and Housing (un t?'truf,i n tVlartxstj.r3ttnr.
City Hall,Room 214 i=rtvit r?rr='rrtrti E;,ci:;?rtct:>:.;
515 Clark Avenue
Ames,Iowa 1 s.rldst*jpe;Ai chitectur�,,
RE: JOINT PARKING USE AGREEMENT L.cnc1{=`Irw:lnf,"j
PROPOSED WAL-MART SUPERCENTER NO.749-05
AMES,IOWA
Ladies and Gentlemen:
Please find attached the Joint Parking Exhibit,prepared by Manhard Consulting,Ltd.,dated February 4",2016.As discussed with Ray
Anderson on December 30'",2015,the construction of the above-mentioned Wal-Mart Supercenter will require additional parking spaces
to accommodate shoppers per City of Ames parking requirements. The existing Wal-Mart is located at 3015 Grand Avenue. The
proposed om-site construction of the new Wal-Mart Supercenter will be at 3105 Grand Avenue. We have proposed a parking use
agreement with the existing Shops at North Grand,located at 2901 Grand Avenue,directly south of the proposed Wal-Mart. In order to
maintain a 3.33/1000 SF throughout the entire construction process,300 spaces are being requested to be used as Joint Use in the
existing JC Penny parking lot.
Lori Bosley,the General Manager of the Shops at North Grand,said that peak hours occur on Saturday afternoons. Peak parking is
about 50 cars maximum in the areas in the Joint Parking Exhibit,which is generally made up of employees at the Shops. She included
that there are special occasions that use the parking area,including the farmers market,Holub's and a snow cone vendor,but that these
events only bring an additional 10-15 cars at most.
Tob Carr,the existing Wal-Mat Operations Manager said that the existing Wal-Mart parking lot is not being fully utilized.On an average
Saturday,80 cars would be expected,as was counted during the peak hours of Saturday January 3011,2016.
A minimum of 185 on-site parking spaces are available while the existing Wal-Mart is open during construction. A minimum of 303 on-
site parking spaces are available once the new Wal-Mart opens,but site construction Is still being completed, The 300 joint use parking
spaces allow Wal-Mart to achieve greater than 1 sp./300 sq,ft.ratio throughout the entire construction process,as required by code.
Based on this information,it is apparent that the shared usage of spaces in the northern parking lots within the Shops at North Grand
parking lot will not hinder mall operations. Please let us know if you need any other information. Your prompt response is greatly
appreciated.
Yours truly,
ManhardConsyltmg Ltd. /
Da"n"`Miletic
Project Engineer
Manhard Consulting 900 Woodlands Parkway,Vernon Hills:Illinois SCO61 • 047.634,555O manhard com
tvlan-haml Cnni�;ulrinq - 900 Woodlands Pa-lkw;ay,Vernon Hills,lliino s 6OO61 • £34'76 34.555O • rnanhwr d corn
7
Attachment C
Joint Use Parking Exhibit (Page 1)
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Attachment C
Joint Use Parking Exhibit (Page 2)
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